Other conditions decisions — 2013

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied. The claims to reopen the service connection for chronic residuals of head injury and right knee disability are granted.

The Board has denied the appellant's claim for attorney fees as he is not an accredited representative and specifically disclaims award of attorney fees from past-due benefits due to the Veteran. The appeal is dismissed.

The Board found that the Veteran did not sustain a back injury in service and that his currently diagnosed disabilities are not related to service. As such, the claim for service connection for chronic residuals of a back injury is denied.

The Board found that the Veteran's current left foot disorders (hammer toes and Achilles tendon tear) are not related to his service, thus denying his claim for service connection.

The Veteran's duodenal ulcer, postoperative highly selective vagotomy has been rated at 20 percent since November 1, 1988. The Board finds that the disability has not significantly changed and a uniform evaluation is warranted.

The May 2011 decision granted a special apportionment of the Veteran's VA compensation benefits on behalf of his helpless child, K. The case is remanded for issuance of a statement of the case regarding this issue.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling an examination to determine the relationship between his service-connected cervical spine and lumbar spine disabilities and any current neurological disabilities of the right upper and lower extremities.

The Board has granted service connection for the Veteran's left eye retinal tearing, but denied service connection for his right eye visual impairment. The left eye condition is believed to be related to chloroquine exposure during military service.

The Board has decided the appeal is remanded for further development of the record, including obtaining financial status reports and SSA records.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, as well as medical opinions on the claims.

The Veteran's active service did not meet the threshold eligibility requirements for nonservice-connected pension purposes due to his short period of active duty and discharge for misconduct. As a result, he was not eligible for nonservice-connected pension benefits.

The Veteran's claim for reimbursement of unauthorized medical expenses at Northwest Central/Methodist University Hospital is being remanded due to the need for additional development and consideration.

The Veteran's claim for initial ratings for avascular necrosis of the left hip was denied, and his TDIU claim was also denied. The current combined evaluation is 70 percent due to service-connected disabilities.

The Board has found that new and material evidence has been submitted to reopen the Appellant's claim, but has determined that his character of discharge from service is still a bar to VA compensation benefits.

The Board has granted service connection for a deviated septum, finding that the Veteran's in-service nasal injury caused his current condition.

The Board has determined that the Veteran's strabismus and diplopia are related to his active service, with no evidence of pre-existing conditions or superimposed injuries. Service connection is granted for these disabilities.

The Veteran's claim for an earlier effective date for a 10% disability evaluation for residuals of a pilonidal cyst was denied as there were no valid claims prior to February 3, 2009. The effective date is set at the date of receipt of his new claim in February 2009.

The Board has remanded the case due to the need for additional evidence regarding medical expenses incurred by the appellant's father during his last sickness.

The Board has denied the Veteran's claims for service connection for osteoporosis and tremor of the hands, both claimed as secondary to herbicide exposure. The evidence does not support a finding that these conditions are related to his in-service Agent Orange exposure.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that there was no continuous cohabitation prior to the Veteran's death and that the initial separation from the Veteran was not due to his misconduct without fault of the appellant.